Terrell v. Andrew County
Supreme Court of Missouri
Error to Fifth District Court. I. Plaintiffs in error were only chargeable with notice of the mortgage to the extent of $200. (Lessee of Jennings v. Wood, 20 Ohio, 261; 1 U. S. Dig. 158, § 107; 1 Sup. U. S. Dig. 534, § 355 ; 2 U. S. Dig. 37, § 263 ; 8 Yerm. 172.) II. The recorder failed to record correctly the mortgage to the defendant, and not the mortgage to Terrell; and if an injury resulted thereby, the defendant was the party damnified, and should sue the recorder.
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Error to Fifth District Court. I. Plaintiffs in error were only chargeable with notice of the mortgage to the extent of $200. (Lessee of Jennings v. Wood, 20 Ohio, 261; 1 U. S. Dig. 158, § 107; 1 Sup. U. S. Dig. 534, § 355 ; 2 U. S. Dig. 37, § 263 ; 8 Yerm. 172.) II. The recorder failed to record correctly the mortgage to the defendant, and not the mortgage to Terrell; and if an injury resulted thereby, the defendant was the party damnified, and should sue the recorder. ( See above authorities.) HI. The effect of filing deeds is to give notice of what is put upon the record, and the statute…
1Opinion of the CourtWagner, Judge
The argument in reference to the execution of the power contained in the mortgage, and the frauds between the Terrells in the purchase of the property at the mortgagee’s sale, is beside and irrelevant to any issue in the case. If the facts alleged are true, they may have furnished sufficient reason for Holt, the mortgagor, to move to set aside the sale; but in the absence of any complaint on his part, the defendant can not make the objection for him. There is but one question in this case to be determined. It seems that Andrew county loaned to one Holt the sum of four hundred dollars…
2Cited by16 opinions
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